A sheriff has ruled that the death of a torture victim who fell from a high-rise flat could have been avoided after the location of his screams was wrongly recorded in a 999 call. Jamie Forbes, 37, was abducted and tortured by Lee Smith, also 37, at the Elphinstone Court flat in Aberdeen for two days in January 2024. He was repeatedly struck with a hammer, punched and kicked during the ordeal, and later jumped from the 12th-floor window to escape, falling to his death.
Screams reported but source not found
During the ordeal, witnesses repeatedly called 999 after hearing screaming and seeing a man with blood on his face at the window. One neighbour on the 10th floor reported a man shouting, "Please help me." Police officers who attended the flats were unable to trace the source of the screams and left. Mr Forbes later jumped from the window.
A Fatal Accident Inquiry (FAI) was held into the circumstances surrounding Mr Forbes' death. Sheriff Principal Andrew Miller, who led the probe at Aberdeen Sheriff Court, found that four reasonable precautions could have been taken that might have realistically avoided his death. These related to the recording of information from a 999 call, follow-up contact with a key witness, communication between officers and supervisors, and acting on information about Mr Forbes' desperate pleas for help coming from higher floors of the building.
Recommendations and family reaction
The Sheriff Principal also made two recommendations for the Chief Constable of Police Scotland, including improving guidance for call handlers to reduce the risk of recording errors. He also called for new guidance for Police Scotland call handlers to prevent a repeat incident.
Following publication of the determination, Andy Shanks, Procurator Fiscal for the Crown Office and Procurator Fiscal Service, said: "James Forbes' tragic death occurred in circumstances giving rise to serious public concern and, as such, the Lord Advocate decided that a discretionary FAI should be held. The sheriff's determination identifies reasonable precautions which could have been taken and makes recommendations intended to help prevent deaths occurring in similar circumstances in future. The determination has been provided to Mr Forbes' family and our thoughts remain with them at this difficult time."
Jailing and witness accounts
Smith admitted culpable homicide and was jailed for eight years at the High Court in Edinburgh in December 2024. The court heard how when officers attended his flat, the property was discovered soaked in bloodstains. They found that the lock to the house had been "reversed", which would have prevented the victim from leaving. They discovered Smith, who suffers from obsessive-compulsive disorder, washing up in his kitchen.
Multiple residents had dialled 999 for help after hearing Mr Forbes' screams. Officers attended the building and made door-to-door enquiries on the 6th, 7th and 8th floor but were not able to trace the source of shouting. A witness told the court that officers left and advised construction workers to call back if the shouting started again. Two further witnesses attended Smith's flat and noticed the handle had been reversed. Smith told both men that Mr Forbes had stolen £40 from him and he was keeping him there for three days so he could 'atone' for what he had done. He also said he had 'battered' the deceased because of the stolen money. Mr Forbes was then spotted by the men and was lying on the living room floor in a puddle of blood.
He had multiple visible injuries including bruises and lacerations, and his face was bloodstained. The court heard how the two witnesses left. Mr Forbes then jumped from the property shortly afterwards.
Earlier this year, Mr Forbes' sister Lyndsay-Anne called for a change in the law in how emergency services deal with concern for person call-outs. In a statement released via law firm Digby Brown, Lyndsay-Anne said at the time: "For 29 months we have campaigned for a FAI into what happened when Jamie died. My heart broke when a witness said they heard my brother crying out for help and shouting the number of the flat he was trapped in. There needs to be change so this never happens again. I want to see a law called Jamie's Law which would ensure that when police are called when there is concern for a person they don't leave the area until that person is found and made safe."
